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2025 Supreme(Online)(Raj) 11687

HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
Mukesh Rajpurohit, J
Aakash S/o Shyam Lal – Appellant
Versus
State Of Rajasthan – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Bhagirath Ray Bishnoi
For the Respondents: Mr. Shri Ram Choudhary, PP

Order

13/10/2025 This application for bail under Section 483 of BNSS (439 Cr.P.C.) has been filed by the petitioner who has been arrested in the present matter. The requisite details of the matter are tabulated herein below:

S. No. Particulars of the case
1. FIR Number 42/2025
2. Police Station Dangiawas
3. District Jodhpur City East
4. Offences alleged in the FIR 8/15 of NDPS Act
5. Offences added, if any 341(1) of BNS
Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case. It is contended that the recovery of alleged narcotic contraband was made on 28.03.2025 but the samples of the same were sent for FSL examination on 04.04.2025 i.e. after an inordinate delay of around 7 days, therefore, the chances of samples being tempered with, cannot be brushed aside and the benefit of doubt should be grated to the accused-petitioner. He submits that the contraband recovered in this matter is 72.310 kg doda powder which is marginally above the commercial quantirty. It is further submitted that as per the FIR, the alleged recovery was effected in the night and as per Section 42 of the Act, it is mandatory to obtain the au

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